119. Preferably, the person viewing the dead body
should be asked to look particularly at the body
and face and engaged in discussion about what
facial (or bodily) features he or she relied on in
reaching their decision. For example, was it the
appearance of the face, the shape of the nose
or a mole on the face, a scar or the hair style?
In this way, any person witnessing the process can
assess whether or not the conclusion of the person
viewing the dead body is likely to be reliable.
3.
The scientific approach to identification
120. In potentially unlawful death (and especially as
time passes and the body begins to show signs of
decomposition, or the facial appearance is altered
by the effects of injury or fire), any identification
by visual recognition must be confirmed whenever
possible by using other means, including
scientifically reliable methods of identification
such as fingerprints, dental examination and DNA
analysis.
121. These scientifically reliable methods are sometimes
referred to as “primary” methods of identification.
Assessments of physical characteristics (such as
body deformities, scars or surgical prostheses, as
visible on the body or as represented in X-rays),
which are compared with records made in life,
are generally regarded as secondary methods,
although in some cases they could, individually or
collectively, approach the level of being uniquely
identifying. The identification of personal effects
is also regarded as a secondary method. Primary
and secondary methods may be combined to
strengthen the evidence for the conclusion.
122. If remains are skeletonized, physical/forensic
anthropologists, if available, should be involved
so as to obtain the most reliable conclusions about
the biological profile of the skeletal remains.100
123. The selection of the most appropriate method(s),
ranging from visual recognition to sophisticated
primary methods of identification, is an expert
decision, usually the responsibility of the forensic
doctor. The reason for selecting the methods
used in a particular case, and the results, must
be included in the final report. The results are
considered, along with other relevant information,
in addressing the question of the identification of
the dead body.
22
124. Whatever methods of identification are employed,
a methodical and holistic approach, involving the
appropriate experts, with complete and detailed
documentation, is always necessary.
4.
Events with multiple deaths
125. Visual recognition alone should not be relied
upon in cases of multiple deaths. Misidentification
is more common in such circumstances owing
to emotional pressures on those undertaking the
viewing. The strain of viewing a row of dead
bodies, or a number of dead bodies individually
one after the other, reduces the likelihood of a
reliable recognition. Additionally, personal effects
are not unique, and depending on the processes
around the retrieval of the bodies they may have
been incorrectly put with the wrong body.101
126. Reliable identification following an event involving
multiple deaths requires organizational and
technical forensic competence. This applies to:
nn The scene, and the proper collection, recording,
transport and storage of dead bodies, property
and effects
nn The mortuary, the post-mortem examination
(possibly including an internal examination and
dental and anthropological examinations), and
the collection and storage of post-mortem data
nn The collection of ante-mortem data about those
who may have been killed in the event, and
nn The reconciliation of ante-mortem and postmortem data to reach conclusions about identity.
127. The approach to human identification in events
involving multiple deaths on a small to moderate
scale has been standardized by Interpol.102 For
such events on a large scale, the work published
by the Pan American Health Organization, the
World Health Organization (WHO) and the
ICRC offers a different approach.103 The two
approaches to human identification complement
each other and, if circumstances dictate, may
be combined. A reliable approach to human
identification in events involving multiple deaths
should be planned and trained for in advance.
100
See Detailed Guidelines on Analysis of Skeletal Remains.
101
Interpol DVI procedures require loose personal effects to be collected separately at the scene. They must not be allocated to a particular body.
102
See Interpol, Disaster Victim Identification Guide, 2014, at: http://www.interpol.int/INTERPOL-expertise/Forensics/DVI-Pages/DVI-guide.
103
M. Tidball-Binz and D. Van Alphen (eds.), Management of Dead Bodies after Disasters: A Field Manual for First Responders, 2016, available at:
www.paho.org/disasters.
The Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016)
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